What are the laws around marijuana consumption outdoors on residential property? Are these laws being enforced?

With the passage of the Colorado Medical Use of Marijuana, Initiative 20 (in 2000), and the Colorado Marijuana Legalization Initiative, Amendment 64 (in 2012), marijuana use (subject to certain restrictions) was legalized in the State. Article XVIII of the Colorado Constitution, Section 16 (3)(d), titled “Personal Use and Regulation of Marijuana” states: Notwithstanding any other provision of law, the following acts are not unlawful and shall not be an offense under Colorado law or the law of any locality within Colorado or be a basis for seizure, or forfeiture of assets under Colorado law for persons twenty-one years of age or older: (d) Consumption of marijuana, provided that nothing in this section shall permit consumption that is conducted openly and publicly or in a manner that endangers others. A number of Colorado statutes also govern various aspects of marijuana use. Generally, property owners are permitted to make their own choices about marijuana use on their property. However, there are a number of considerations that need to be taken into account when making determinations surrounding the “legality” of marijuana use, on private property, which are driven by particularized factual circumstances. Accordingly, we are not in a position to make global statements about any specific situation. The Castle Rock Police Department is sworn to enforce the laws and it is committed to doing so.

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1. What are the laws around marijuana consumption outdoors on residential property? Are these laws being enforced?
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